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HomeMy WebLinkAboutCC RES 86-419 10 11 lO 17 18 2O i.I i.. RESOLUTION NO. 86-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, UPHOLDING THE PLANNING COMMISSION'S DENIAL OF USE PERMIT 86-6 FOR AN OFF-SITE BEER AND WINE SALES LICENSE AT 13842-A NEWPORT AVENUE The City Council of the City of Tustin does hereby resolve as follows' I · The City Council finds and determines as follows' A® That a proper application {Use. Permit 86-6) has been filed by La Mancha Development Company requesting authorization for an off-site beer and wine sales license at 13842 Newport Avenue, Suite A. B · That a public hearing Planning Commission of on said application. was duly called, noticed and held by the the City of Tustin on February 24, 1986 Ce The Planning Commission denied Use Permit adoption of Resolution-No. 2305 which denied for an off-site beer and wine sales license Avenue based upon the foll owing findings- No. 86-6 by the the authorizati on at 13842-A Newport ® That the establishment, maintenance, and operation of the use applied for will be injurious or detrimental to the property and improvements in the neighborhood of the subject property, and to the general welfare of the City of Tustin as evidenced by compliance with the City's Zoning and Development standards. ® That an alcoholic beverage sales establishment is inappropriate at.this location due to its proximity to C. C. Lambert Elementary School and Tustin High School {within 600'); e That an alcoholic beverage sales establishment at this location is inappropriate due to its proximity {less than 100') to residential properties because of increased noise, light intensity and loitering caused by the proposed appl i cant' s use. D® That on February 27, 1986 Planning Commission denial Counci 1. the applicant fi led an appeal of the of Use Permit 86-6 to the Tustin City E® A public noticed, hearing before the City and heard on said appeal. Council was duly called, · . ,o ii . 8 9 10 15 18 2O 21 Resolution No. 86-41 Page two II. The City Counctl hereby upholds the Planntng Use Permtt 86-6 based upon the findings' Commission denial of Ao That the establishment, maintenance, and operation of the use applied for wi 11 be injurious or detrimental to the property and improvements in the neighborhood of the subject property, and to the general welfare of the City of Tustin as evidenced by compl iance wi th the City' s Zoning and Development standards. B · That an al cohol i c at this location Elementary School beverage sales establishment is inappropriate due to its proximity to C. C. Lambert and Tustin High School (within 600'). Ce That an alcoholic beverage sales establishment at this loation .is inappropriate due to its proximity (less than 100'-) to residential properties because of increased noise light i ntensi ty and loitering caused by the proposed appli cant' s use. PASSED AND ADOPTED at a regular meeting of the Tustin'City Council on the 21st day of April, 1986. MARY WYNN(~ity Cle~ 0 A ~ ELLI, Mayor STATE OF CALIFORNIA ) COUNTY OF ORANGE ) § CITY OF TUSTIN ) MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 86-41 was duly and regularly introduced, passed and adopted at a regular meeting of the City Council held on the 21st. day of April.,.. 1986, by the fol 1 owing vote' AYES · COUNCILPERSONS' Edgar, Hoesterey, Kelly, Kennedy, Saltarelli NOES · COUNCILPERSONS' None ABSENT' COUNC ILPERSONS' None M)kRY 'E. ~YNN~City C1 City of Tusti~, California